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Risk managers facing claims of newborn brain injury have more support for what the physicians have probably been saying all along: The tragic outcome wasnt caused by anything that happened in your facility.
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A lawsuit alleging elder abuse and neglect was settled recently for $1 million, and the plaintiffs insisted that there be no confidentiality clause.
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Although a nursing home was aware of a male patients general disorientation and history of self-destructive behavior, the man opened a fifth-floor window and fell to the pavement.
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An 83-year-old man went to a hospital to visit his wife. He slipped and fell on an escalator, injuring his head.
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In testimony late last year before the Department of Health and Human
Services National Committee on Vital and Health Statistics
Subcommittee on Privacy and Confidentiality, Health Privacy Project
executive director Janlori Goldman submitted 13 common myths that
persist about the HIPAA privacy regulation and the facts that respond
to those myths.
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American Hospital Association attorney Lawrence Hughes said there are
aspects of the privacy rule that still are not working well and are
creating unnecessary burdens for hospitals, with little benefit to
patients.
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Rhode Islands Seacrest DocSecurity surveyed more than 500 physicians
nationwide late in 2003, questioning them on requirements that
insurance companies ask for before underwriting physicians and
hospitals for insurance, and concluded that while physicians generally
believe they are HIPAA-compliant, in fact they have only met a portion
of the HIPAA requirements, leaving them vulnerable to lawsuits.
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Does the security rule specify how a risk analysis must be conducted?;
How should passwords be chosen to ensure security?; Can a home health
agency post thank-you letters from patients on a bulletin board that
can be seen by staff and other patients?
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Voicing ever stronger concerns that the health care community still is not doing enough to prevent wrong-site surgery, the Joint
Commission on Accreditation of Healthcare Organizations recently called on all providers to adopt a no-nonsense, zero-tolerance policy toward that grave error.